Restaurant Required to Hire Women Actors/Servers -Reply -Reply

Thu Apr 6 18:24:39 PDT 2000

Isn't it interesting that it is so clear to Jim, a very generous commentator,
that the policy is so extreme?  While to those of us who know how
ludicrously difficult it would have been for a woman to be a riverboat
fighter who counts as "historical" see it as obvious ..... between those
differing perspectives lies the really interesting space for shared

>>> James Maule <MAULE at LAW.VILLANOVA.EDU> 03/31/00 09:27am
I love cases that take a point to such an extreme that it undermines the
policy underlying the legal point on which the case rests. It's akin to "it
proves too much."

What's next? A case requiring restaurants to let women BE men?

Seems to me the alternative would have been to question why only male
historical figures were being portrayed. I'm sure folks could discover a
female riverboat fighter or two whom history has forgotten.

Jim Maule
Professor of Law
Villanova University School of Law
Villanova, PA 19085
maule at

"Vision is the ability to see what is possible before it is obvious."
"I wonder what Noah saw when, as the rains began to stream
in torrents, he looked upon the faces of those who had ridiculed
him as he built the Ark."

>>> "Volokh, Eugene" <VOLOKH at MAIL.LAW.UCLA.EDU> 03/30/00
11:20PM >>>
     Maybe I'm missing something, but I'd thought that the case concluded
that the restaurant was *required* to let women play men, not just that it
was *allowed* to let women play men.

-----Original Message-----
From: Emily Hartigan
Sent: 3/30/00 3:30 PM
Subject: Restaurant Required to Hire Women Actors/Servers -Reply

Seems a very historical move to allow women to play men.
SHAKESPEARE IN LOVE reminds us that our great canonical works
were premised on men playing women, so women playing men would
simply be a brilliant historical reference.
Emily Hartigan

01:20pm >>>
Any comments on the constitutional implications?

Restaurants' male-server policy loses in court
By Stacey Hartmann / Staff Writer
A federal jury has found Cock of the Walk restaurants discriminated
women by a past practice of hiring only men as servers to portray
figures who were the toughest fighters on riverboats.
For the full story, see\

David E. Bernstein
Associate Professor
George Mason University
School of Law
3401 N. Fairfax Drive
Arlington, VA 22201
(703) 993-8089
dbernste at

More information about the Conlawprof mailing list